Lawyer rankings

David Dessers

Work Department

Corporate and M&A - Venture Capital

Position

David Dessers is an experienced business lawyer with a strong focus on the technology sector. David frequently assists entrepreneurs and companies in their business and fundraising activities, working with entrepreneurs and senior management during all stages of the private company lifecycle including start-up, seed funding, venture capital and debt financing, acquisitions and dispositions, as well as employment, equity incentive, contracting and intellectual property needs. David represents venture capital and private equity funds, fund sponsors and limited partners in structuring the funds and raising capital, undertaking daily management and compliance activities, as well as structuring, negotiating and closing investments and divestments of portfolio companies. David furthermore represents acquirers, targets and sponsors in public and private mergers and acquisition transactions, joint ventures, strategic equity investments, spin-offs and corporate control contests across multiple industries.

Career

Founded Cresco Advocaten in 2014 as managing partner. Prior to being managing partner at Cresco, David was partner of Ambos NBGO Advocaten (2010-2014), founding partner of Consilio Partners (2007-2009), an advisory firm specialized in assisting small and large companies in setting up their (family) governance and control structures. Prior to Consilio David served as managing director at Fortis Intertrust Governance Advisory (2005-2007), as corporate legal counsel at Capco (1999-2005), an international technology company, and as associate corporate and financial law at Loeff Claeys Verbeke (currently Allen & Overy) (1996-1999).

Languages

Dutch, French, English and Spanish.

Member

Antwerp Bar

Leisure

David holds a Law degree from Katholieke Universiteit Leuven as well as an LLM in Law & Economics from the University of Oxford, Hamburg and Rotterdam.

Belgium

Banking, finance and capital markets

Within: Banking, finance and capital markets

Cresco Advocaten‚Äôs team provides ‚Äėlegal advice that is practical and takes into account the business environment and goals‚Äô. It is well known for its work in the venture capital space, and acts as finance and capital markets counsel for fund managers, entrepreneurs and growth companies. Fintech is another area of expertise. David Dessers, Pieter Capiau and senior associate Yannick Verrycke are noted.

Commercial, corporate and M&A

Within: Commercial, corporate and M&A

Cresco Advocaten is a popular choice for start-ups, where it advises entrepreneurs, growth companies and investors on a range of corporate activities. The ‚Äėextremely knowledgeable‚Äô David Dessers and Pieter Capiau are ‚Äėhighly regarded and experienced‚Äô.

Belgium: Industry focus

IT and telecoms

Within: IT and telecoms

Cresco Advocaten provides ‚Äėan excellent service‚Äô and ‚Äėknows the trends before they hit the market‚Äô. It is well known for its start-up practice and also advises venture capital funds and well-established companies. In recent work, David Dessers advised an Antwerp-based start-up on the licensing of its technology to a distributor in Asia. Pieter Capiau is also noted.

The Act of 11 December 2016 transposed the Enforcement Directive (2014/67/EC) into Belgian law. This act made some modifications to the Act of 5 March 2002 concerning the working, remuneration and employment conditions in case of posting of workers in Belgium and the compliance with it. One of the novelties was the obligation for a foreign employer to appoint a ¬†liaison officer (physical person) in Belgium to act as a contact person with the Belgian ¬†inspectorate. The Royal Decree of 14 September 2017 that was published yesterday in the Belgian State Gazette states that the liaison officer must be appointed through the LIMOSA declaration. The Royal Decree enters into force on 1 October 2017.¬†

In its ruling of this 14 September the European Court of Justice confirms its earlier case-law with regard to employees who simultaneously work in various Member States. These employees can bring proceedings before the courts of the place from where they perform the essential part of their duties for their employer. The national court must determine this place in concreto in the light of all relevant circumstances. For the cabin crew in the aviation industry, the ‚Äėhome base‚Äô can therefore be a significant indicator, without being equated with it.¬†¬†

The Code on well-being of workers, which coordinates the various texts concerning well-being in the workplace by grouping them in a single instrument, was published in the Belgian Official Gazette on 2 June 2017 and will enter into force on 12 June 2017. This will make it easier to find specific regulations concerning well-being of workers. It is useful to inform all the stakeholders, who play a role in the company policies on well-being of workers of this recent publication.

On 27 April, the Court of Justice of the European Union pronounced again on the binding effect of an E101 certificate (now A1 form). This binding effect is applicable, even if it is found by the competent institution or the courts of the host Member State that the conditions under which the worker concerned carries out his activities do not correspond to the conditions to be subject to the social security of the other Member State.

The Act of 15 May 2014 relating to various provisions modified the concept of ‚Äúdeparture‚ÄĚ in the Act of 28 April 2003 relating to occupational pensions and the tax regime of these pensions and of certain occupational benefits regarding social security (‚ÄúAOP‚ÄĚ) and has introduced a definition of ‚Äúmulti-organizer pension schemes‚ÄĚ (‚ÄúMOPS‚ÄĚ).

The Supreme Court ruled in a judgment of 6 March 2017 that the organiser of a pension promise must cover deficits of the vested reserves, as well as deficits regarding the minimum guaranteed return, no matter the causes of the deficits.

In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator - in view of more flexibility for certain part-time employees - has increased the so-called ‚Äúcredit of additional hours‚ÄĚ. An RD of¬†23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990 in this regard. Please also see our newsletter .